Senthil v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.27471 of 2025 and W.M.P.No.30828 of 2025 Senthil ... Petitioner -vs1. The District Collector, Salem, Salem District.
2. The Assistant Director (Panchayat) Office of District Collector Campus, Salem, Salem District.
3. The Block Development Officer, Office of Mecheri Panchayat Union, Mecheri Mettur Taluk, Salem District.
4. The Secretary, Office of M.Kalipatti Panchayat, Mecheri, Mettur Taluk Salem District.
5. Karuvaponnu
6. Mani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to forbear the respondents 5 & 6 from proceeding with the construction of 1/6
building in S.No.4/1B1D1 situated at M.Kalipatti Village, Mettur Taluk, Salem District by considering the petitioner's representation dated 04.06.2025.
For Petitioner : Mr.K.Prabakaran For R1 & R2 : Mr.M.Venkateswaran Spl. Govt. Pleader For R3 : Mr.P.Gurunathan Addl. Govt. Pleader *****
O R D E R
(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 4 to forbear the respondents 5 & 6 from proceeding with the construction of building in S.No.4/1B1D1 situated at M.Kalipatti Village, Mettur Taluk, Salem District by considering the petitioner's representation dated 04.06.2025.
2. Mr.M.Venkateswaran, learned Special Government Pleader takes notice for R1 & R2. Mr.P.Gurunathan, learned Additional Government Pleader takes notice for R3. Notice to R4 to R6 is dispensed with, as no adverse order is going to be passed against them. By consent, the Writ Petition itself is taken up for final disposal at the admission stage. 2/6
3. It is the case of the petitioner that the respondents 5 & 6, who are relatives to the petitioner started constructing a building without proper approval from the Official respondents and they also encroached a portion of the road, belonging to the respondents 3 & 4. Though the petitioner has given a representation dated 04.06.2025 to the respondents 1 to 4 to stop the illegal construction on the portion of the road, no effective steps were taken by the respondents in this regard. Hence, the petitioner is before this Court.
4. Though the petitioner has come out with a larger prayer, the learned counsel for the petitioner would submit that it would suffice, if the 3rd respondent is directed to consider the representation of the petitioner.
5. Learned Additional Government Pleader appearing for the 3rd respondent stated that a considerable time may be granted to the 3rd respondent for considering and passing appropriate orders on the representation of the petitioner.
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6. Considering the facts and circumstances of the case and also the submission of the counsel for the petitioner, we deem it fit that it would suffice to direct the 3rd respondent to consider the representation of the petitioner dated 04.06.2025. Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the 3rd respondent to consider the representation dated 04.06.2025 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R5 and R6 and thereafter, pass necessary orders on merits and in accordance with law. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 29.07.2025 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 4/6
To:
1. The District Collector, Salem, Salem District.
2. The Assistant Director (Panchayat) Office of District Collector Campus, Salem, Salem District.
3. The Block Development Officer, Office of Mecheri Panchayat Union, Mecheri Mettur Taluk, Salem District.
4. The Secretary, Office of M.Kalipatti Panchayat, Mecheri, Mettur Taluk Salem District.
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J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
ar 29.07.2025 6/6